Legal Question in Real Estate Law in California

Re: Release of lien on properties

My first question to you would be, are you sure its fraud, or just a mistake? The other day, an attorney executed a deed for my client to sign, and included an erroneous tax assessor's identification number. Had I not caught the error, tax assessments would have been sent to the wrong address, and the property could have been lost to a future tax foreclosure. This was not a fraud, just a real bad transcription error.

The first step is determining the nature of the lien. A lien can be anything from a mechanic's lien, to an abstract of judgment.

I would suggest that you obtain a copy of the document that you are referring to as a lien, and then speak to an attorney. Answering your question clearly requires a great deal of factual information that you do not provide.

Very truly yours,

Re: Release of lien on properties

In order to establish that a lien is improper because it is fraudulent, or even mistaken, and for that finding to have legal impact, you'll need to have a court (judge or jury) decide, unless you can get a confession from the wrongdoer.

Although you didn't provide a whole lot of detail, it's possible that the party who recorded the lien made a mistake of fact or mistake of law, or that the recorder made a mistake. That suggests trying to work the matter out amicably, by having the other party record a satisfaction of lien or the like.

Bryond this, it would help a great deal to know what kind of lien is in question. I would suspect a mechanic's lien, in which case one strategy is simply to let it expire. However, you did refer to court documents, which suggests maybe it is an abstract of judgment. Again, look into the possibility that a mistake has been made. If you were one of several defendants, but the judgment does not include you, it's very likely a clerk or secretary at the plaintiff's law firm made a mistake and included you as a judgment debtor.

If there is no mistake, and/or the other party won't cooperate, you will probably have to take legal action by retaining an attorney to sue for removal of a cloud on title and slander of title, and perhaps other torts if they can be alleged and proven. If fraud or malice was involved, you might get punitive damages.

Re: Release of lien on properties

Are you sure it's a lien? Or is it a lis pendens? With a lis pendens, a person must first file a lawsuit. So, are you saying that the other party used a false case number and title to record a lis pendens on your property? If so, you need to file a motion to expunge the lis pendens. If you win, you would then be able to sue for disparagement of title and abuse of process. Let us know if this is the case.

Re: Release of lien on properties

We would have to review your title report and copies of the lien. Did you know the other party? This may be identity theft. Usually recorded documents have to be notarized. Please call our office if you have any other questions or if we can help you further.